Kevin Cooper Mayer

Toxic Tort / Products Liability

Kevin is well-known for his trial work on behalf of defendants in toxic tort and products liability litigation. His recent experience includes evaluation of issues involving cancer, systemic diseases, dysmorphological and genetic consequences, immune and endocrine system dysfunction, epidemiology, pharmacology, toxicology, product labeling and warnings, industrial hygiene, regulatory compliance, and process safety management. Kevin's clients include upstream and downstream petroleum companies, pharmaceutical and medical device manufacturers, and the manufacturers of industrial, commercial, and consumer-grade chemical and mineral products.

Environmental

Kevin represents land owners and operators in federal CERCLA and RCRA and state statutory and common law administrative proceedings, litigation and trials involving environmental contamination, cost-allocation, leaking underground storage tanks, waste disposal practices, and commercial development. His experience includes solid and liquid waste management, regulatory compliance and enforcement, Superfund, fear of future disease, risk assessment, Brownfields, and soils, air, and groundwater contamination investigation and remediation.

Regulatory Enforcement

Kevin counsels clients and handles civil and administrative law trials and appeals for industrial and commercial entities' alleged violations of the federal and states' OSHA, and California's Safe Drinking Water and Toxic Enforcement Act of 1986 ("Proposition 65"). He has tried numerous OSHA citation appeals for refining and industrial facilities involving alleged violations of Labor Code and Health & Safety Code standards for work place safety. He is currently counseling clients on the emerging "Green Chemistry" regulations in California and throughout the country.

Construction

Kevin represents national architectural and engineering firms, developers, contractors, and facility owners in professional negligence, premises liability, construction defect, and contract actions involving public works projects, office buildings, theaters, athletic arenas and stadiums, condominiums, apartments, and custom homes. He serves as both plaintiff and defense counsel in these engagements.

Notable Engagements

· Serves as regional trial counsel for several major American chemical and products companies in toxic tort and asbestos litigation, and works with national coordinating counsel on the clients' medical and scientific evidentiary and expert witness issues.

· Served as trial counsel for several chemical product manufacturers in three trial groups of dozens of plaintiffs alleging cancer and systemic disease from alleged exposures in Lockheed's "Skunk Works" facilities in the Lockheed Worker Coordinated Judicial Proceedings in Los Angeles.

· Handles Proposition 65 notices, investigations, litigation, and industry-wide resolutions for myriad domestic and international companies whose products are alleged to contain excessive concentrations of various carcinogens and reproductive toxins, including lead, phthalates, benzene, and TDCCP.

· Represents a major hip resurfacing device manufacturer in litigating its civil claims and lawsuits, including successful assertion of dispositive federal preemption defenses in the national hip implant litigation.

· Serves as litigation and trial counsel for a large herbicide manufacturer in multi-district litigation proceedings involving claims of property damage, misbranding, and mislabeling.

· Trial counsel for a major international generic pharmaceutical company in nationwide federal and state court litigation against the industry, alleging Medicaid overpayments for prescription drug reimbursements.

· Served as National Coordinating Counsel in the federal Multi-District Litigation proceedings, and defense liaison counsel in the coordinated California state court actions defending the formulators and encapsulators of nutritional supplements in the national L-tryptophan products liability litigation.

· Served as a coordinating and litigation counsel for numerous product manufacturers and distributors in the New York, Minnesota, and California IBM Worker Litigation, addressing personal injury and wrongful death claims from cancer, birth defects, and other reproductive consequences.

· Represented the real estate development arm of a Canadian conglomerate in construction defect litigation throughout California.

· Served as National Trial and Coordinating Counsel for a major American company contesting claims of fraudulent misrepresentation, concealment, and conspiracy arising out of its historic investigative efforts, research, and publications on occupational hazards posed by exposure to industrial chemicals and minerals.

While in law school, Kevin was an extern to the Honorable Eugene F. Lynch, U.S. District Court for the Northern District of California.

Awards

Kevin has been annually designated in "Best Lawyers in America" and in the Southern California Super Lawyers list. He is a 2006 recipient of the Burton Award for Legal Achievement. In 2011 Kevin was elected a Fellow in The Litigation Counsel of America.

Professional Activities

· As Co-Chairman of the Sports & Fitness Industry Association's (SFIA) Legal Task Force, Kevin counsels athletic equipment manufacturers and trainers in product liability, negligence, and commercial actions. These matters involve claims of improper design, inadequate warnings, code and standards compliance, intellectual property, import/export, and the role of coaches and administrators in overseeing participant safety in athletic competition and personal training. He was recently named a voting member of the ASTM's F-08 Committee for athletic and fitness equipment standards.

· Kevin serves as a member of the Steering Committee for the Defense Research Institute's Toxic Tort and Environmental Law Committee, and is a member of the Trial Tactics Subcommittee.

· He is a member of the Scientific Advisory Board for the Association for Environmental & Health Sciences Foundation.

· Kevin is a four-year member of the Board of Governors for the Association of Business Trial Lawyers, Los Angeles Chapter.

· Kevin serves as a Board member of the Constitutional Rights Foundation.

Highlights News & Knowledge

Speeches & Presentations

· "Taking the Effective Plaintiff Expert Deposition," DRI Annual Toxic Torts and Environmental Law Seminar, New Orleans (March 1, 2013). Presenter: Kevin C. Mayer.

· "Failure Analysis, Product Recalls, and Liability Preventative Measures to Help Prevent the FDA from Knocking on Your Door," Exponent and Crowell & Morning, Menlo Park, CA (January 29, 2013). Presenters: Kevin C. Mayer and John Fuson.

· "Fragrance Products and Chemical Risk Assessment: Spotlight on California Regulations," International Fragrance Association North America Webinar (December 4, 2012). Moderator: Laura Jastrem Walther; Panelists: Kevin C. Mayer, Lynn R. Levitan.

· "Consumer Product Safety and Chemicals Assessment---Are We There Yet?" Exponent and Crowell & Morning LLP Webinar (September 19, 2012). Presenter: Kevin C. Mayer and Lynn R. Levitan.

· "Emerging Trends and The Future of Chemical Regulation," Annual Sporting Goods Manufacturers Association Litigation and Risk Management Summit, Las Vegas (April 2012). Speaker: Kevin C. Mayer.

· "Is California a Canary in the Coalmine? Emerging Trends and the Future of Chemical Regulation in California," Crowell & Moring webinar (January 24, 2012). Co-Speakers: Warren Lehrenbaum, Kevin C. Mayer and Bridget E. Calhoun.

· "Tips to Prepare for New Product Testing & Prop 65 Issues for 2012," Sporting Goods Manufacturers Association Webinar (December 8, 2011). Panelist: Kevin C. Mayer.

· "Chemical Regulation: Trends, Emerging Issues and the Future of Chemical Regulation," Crowell & Moring Product Risk Management Seminar (October 19, 2011). Moderators: Warren Lehrenbaum; Kevin C. Mayer. Panelists: Maria J. Doa (U.S. Environmental Protection Agency); Michael Reilly (FMC Corporation); Ernie Rosenberg (American Cleaning Institute); Matthew Jaffe; Lawrence Freeman.

· "Myths, Fables and Fairy Tales: The Uses and Abuses of Modeling in Environmental Litigation" and "Successful Challenges to Plaintiff Expert Opinion Testimony in Environmental Litigation," Association for Environmental Health Sciences Foundation, Annual West Coast Conference, San Diego, California (March 2011). Speaker: Kevin C. Mayer.

· "Improve Your Results and Reduce Your Outside Counsel Costs," ACC-SoCal Multivenue MCLE Program (March 2011). Speaker: Kevin C. Mayer.

· "California Proposition 65: Barbarians At The Gates," and "The CPSC Database and Consumer Product Litigation," SGMA Legal Task Force Webinar (October 2010). Speaker: Kevin C. Mayer.

· "Annual Update on Product Liability Litigation," Sporting Goods Manufacturing Association Summit, Las Vegas, Nevada (April 2010). Speaker: Kevin C. Mayer.

· "Admissibility of Scientific Evidence in Environmental Litigation," Association for Environmental Health Sciences, Annual West Coast Conference, San Diego, California (March 2010). Speaker: Kevin C. Mayer.

· "Mock Trial of a Products Liability Personal Injury Action, conducted at the Annual ASTM Meetings, Atlanta, Georgia (November 2009). Speaker: Kevin C. Mayer.

· "Current Trends in Sporting Goods and Product Liability Litigation," SGMA and DRI Products Liability Seminar, San Diego, California (April 2009). Speaker: Kevin C. Mayer.

· "Nutraceutical Litigation -- The Gathering Storm?," Corporate Legal and Claims Departments, Deerfield, Illinois (May 2008). Speaker: Kevin C. Mayer.

· "Recent Developments in Product Liability Litigation in the Sporting Goods Industry," SGMA/Defense Research Institute Product Liability Meetings, Scottsdale, Arizona (February 2008). Speaker: Kevin C. Mayer.

· "Challenges to Plaintiffs' Expert Opinion Testimony," Defense Research Institute Annual Meeting, Washington, D.C. (October 2007). Speaker: Kevin C. Mayer.

· "The Law of Products Liability," SGMA Spring Market, Las Vegas (June 2007). Speaker: Kevin C. Mayer.

· "Trace Benzene Litigation-The New Frontier in Consumer Product and Class Action Cases," Defense Research Institute, Toxic Torts And Environmental Law Seminar, New Orleans (March 2007). Speaker: Kevin C. Mayer.

· "Challenges to the Admissibility of Expert Opinion Testimony," Mealey's Benzene Litigation Conference, Santa Monica (June 2006). Speaker: Kevin C. Mayer.

· "American Trial Lawyers Association National Moot Trial Court Competition, Regional Judge, Los Angeles (March 2006). Speaker: Kevin C. Mayer.

· "How To Avoid Punitive Damages," Sporting Goods Manufacturers Association Super Show, International Business Intelligence Series, Orlando, Florida (February 2006). Speaker: Kevin C. Mayer.

· "Preparing For And Defending The Corporate Representative Deposition," American National Standards Institute Annual Meetings, Reno, Nevada (2005). Speaker: Kevin C. Mayer.

· "The Challenges To Plaintiff Expert Testimony In Benzene Litigation -- 'All Roads Lead To Rome'," Harris-Martin Benzene Litigation Seminar, New Orleans (2005). Speaker: Kevin C. Mayer.

Publications

· "Does California Law Now Require Privilege Logs with Initial Responses to Inspection Demands?" Thomson Reuters News & Insight (March 6, 2013). Co-Authors: Kevin C. Mayer, Damian D. Capozzola, and Mark Hong.

· "Litigation Forecast 2013: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication (January 2013). Mark Klapow, Creator and Editor; Contributors.

· "Expert Discovery Since December 2010: Have the Amendments To Federal Rule of Civil Procedure 26 Made Anything Easier," Bloomberg BNA Expert Evidence Report (November 19, 2012). Co-Authors: Kevin C. Mayer, Joseph L. Meadows, and Michael L. Kuppersmith.

· Issues For Plaintiffs Settling Private CERCLA Litigation, Law360 (July 26, 2012). Co-Authors: Kevin C. Mayer and Nathanial J. Wood.

· "Five Tips on the Proper Selection of Expert Witnesses," Sporting Goods Manufacturers Association (SGMA), Legal Task Force, In Brief (June 27, 2012). Author: Kevin C. Mayer.

· "A Measure of Peace: Settling Private CERCLA Litigation," The Voice, DRI (October 2011). Co-Authors: Kevin C. Mayer and Nathanial J. Wood.

· "Defending the Toxic Tort of Outrage: Intentional Infliction of Emotional Distress Claims," For The Defense (March 2011). Co-Authors: Clifford J. Zatz and Kevin C. Mayer.

· "Limiting Manufacturers' Duty to Warn: The Sophisticated User and Purchaser Doctrines," IADC Journal (April 2009). Author: Kevin C. Mayer.

· "Challenges to Plaintiffs' Experts in Toxic Tort Cases: De-Bunking the Junk in Medical Causation Opinions," Exploring Toxic Tort and Environmental Liability Claims (DRI Defense Library Series, 2007). Author: Kevin C. Mayer.

· "Primary Assumption of the Risk Doctrine in Athletic Competition and Products Liability Litigation," Sports Edge Magazine (November 2006). Author: Kevin C. Mayer.

· "Mass Tort Cases: Debunking the Expansion of Defendants Theory," For the Defense, Defense Research Institute (October 2005). Author: Kevin C. Mayer.

· "U.S. Appeals Court Defines Imported 'Sports Equipment'," Sports Edge Magazine (SGMA) (September 2005). Author: Kevin C. Mayer.

· "Reaffirming and Extending FIFRA Preemption in the New Millennium," Mealey's Emerging Toxic Torts, Vol 11, No. 1 (2002). Author: Kevin C. Mayer.

Client Alerts & Newsletters

· "Study Finds Lead Contamination in Rice Imports-Could Litigation Be Close Behind?," Advertising & Product Risk Management Alert (April 15, 2013). Contacts: Cheryl A. Falvey, John Fuson, Kathleen Taylor Sooy, Kevin C. Mayer, Jonathan S. Kallmer, Lynn R. Levitan, Joshua Kaplowitz.

· "Proposed California Regulations Discourage Use of Flame Retardant Chemicals," Advertising & Product Risk Management Alert (February 15, 2013). Contacts: Kevin C. Mayer, Cheryl A. Falvey, Warren Lehrenbaum, Lynn R. Levitan.

· "California Revises Green Chemistry Regulations--Again," Advertising & Product Risk Management Alert (February 8, 2013). Contacts: Kevin C. Mayer, Warren Lehrenbaum, Lynn R. Levitan.

· "California Intends to Add BPA to Prop. 65 List of 'Known Reproductive Toxins'," (January 31, 2013). Contacts: Kevin C. Mayer, Lynn R. Levitan.

· "FDA Releases New Rule Directing the Application of Current Good Manufacturing Practices for Combination Products," Advertising & Product Risk Management Alert (January 30, 2013). Contacts: John Fuson, Kevin C. Mayer, Jennifer Williams.

· "President Signs Chinese Drywall Legislation," Advertising & Product Risk Management Alert (January 15, 2013). Contacts: Cheryl A. Falvey, Eric Edwards, Kevin C. Mayer, Josh Tzuker, April Nelson Ross.

· "Generic Pharma Liability Ambiguous Post-Mensing," (October 26, 2012). Contacts: Kevin C. Mayer, Lynn R. Levitan.

· "Repudiation of California's Common Law Release Rule Creates Hospitable Environment For Plaintiff Settlements," Advertising & Product Risk Management Alert (August 30, 2012). Contacts: Kevin C. Mayer, Lynn R. Levitan.

· "New Study Raises More Questions About Triclosan Health Effects," Advertising & Product Risk Management Alert (August 20, 2012). Contacts: Kevin C. Mayer, John Fuson, Monica M. Welt.

· "California's Proposed "Green Chemistry" Regulations Will Impact Consumer Product Manufacturers, Importers and Retailers," Advertising & Product Risk Management Alert (August 2, 2012). Contacts: Kevin C. Mayer, Monica M. Welt, Lynn R. Levitan.

· "Texas Supreme Court Recognizes "Learned Intermediary" Prescription Drug Defense," Life Sciences Alert (June 13, 2012). Contacts: Keith J. Harrison, Kevin C. Mayer.

· "Proposed OSHA Noise Regulations Reverse Long-Standing Interpretations And Increase Potential Costs To Employers," Labor & Employment Law Alert - US (November 24, 2010). Contacts: Kevin C. Mayer, Clifford J. Zatz, Jeffrey W. Pagano, Ira M. Saxe.

· "New Year Will Ring in California "Green Chemistry" Regulations," Advertising & Product Risk Management Alert (October 27, 2010). Contacts: Warren Lehrenbaum, Kevin C. Mayer.